News

Former sheriff candidate Fred Garcia warned by FPPC for not retaining financial records

Garcia, who ran for sheriff in '10, subject of audit

By LARRY PARSONS Herald Staff Writer

Posted:
11/21/2012 01:08:03 PM PST

Updated:
11/21/2012 11:35:46 PM PST

State campaign finance law requires candidates for local office — winners and losers — to retain their financial records for four years.

Fred Garcia, a retired sheriff's deputy who ran in 2010 for sheriff, learned about the requirement after the state Franchise Tax Board included his campaign in a random audit of local candidates' campaigns.

"It was kind of a live and learn thing," said Garcia, who this month received a warning letter for failing to retain records from his election campaign two years ago.

The letter from the Fair Political Practices Commission's enforcement division said Garcia destroyed the records after the election, which was won in November 2010 by Sheriff Scott Miller over Mike Kanalakis, the incumbent sheriff.

The FPPC decided to issue a warning rather than a fine because of mitigating circumstances.

Garcia provided some records, the violation appeared unintentional and "there was no evidence of intent to deceive the public and you have fully cooperated," the warning letter said.

Garcia said Wednesday that he kept all his campaign records until the November runoff and then closed his account, paid off the bills and "figured that was it."

It surprised him about seven months later when he learned his campaign had been selected for the random audit.

"They were gracious enough to acknowledge I was upfront with them and provided them with all the records I could," he said.

Garcia offered advice for anyone who decides to run for office.

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"Make sure you have your own accountant," he said, who keeps the campaign records.